Long Title

Part I PRELIMINARY

Part II ESTABLISHMENT OF LAND TITLES REGISTRY

Part III INITIAL REGISTRATION OF TITLES

Division 1 — Bringing land under the Act on alienation

Division 2 — Applications and schemes to bring land under this Act

Division 3 — Qualified titles and caveats

Part IV REGISTRATION

Part V EFFECT OF REGISTRATION

Division 1 — Indefeasibility and priority

Division 2 — No title by adverse possession

Part VI INSTRUMENTS

Part VII TRANSFERS

Part VIII MORTGAGES AND CHARGES

Division I — Mortgages of registered land

Division 2 — Common law mortgages notified on on land-register

Part IX LEASES

Part X EASEMENTS

Part XI TRANSMISSIONS

Part XII CAVEATS

Part XIII WRITS AND ORDERS OF COURT

Part XIV RESTRICTIVE COVENANTS

Part XV STATUTORY ACQUISITION AND SALE

Part XVI POWERS OF ATTORNEY

Part XVII CIVIL RIGHTS AND REMEDIES

Part XVIII SEARCHES AND CERTIFIED COPIES

Part XIX MISCELLANEOUS

THE SCHEDULE Part i

Legislative History

Comparative Table

PART III
INITIAL REGISTRATION OF TITLES
Division 1 — Bringing land under the Act on alienation
Alienation by State
8.
—(1)  Where at any time, whether before or after 1st March 1994, the State alienates or has alienated —
(a)
an estate in fee simple;
(b)
an estate in perpetuity; or
(c)
a leasehold estate,
in any land, the Collector shall furnish to the Registrar such particulars of the alienation in such manner as may be required by the Registrar to enable the Registrar to bring the land under the provisions of this Act by creating one or more folios for that land.
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(2)  Any land brought under the provisions of this Act under subsection (1) shall be held subject to such exceptions, reservations, covenants and conditions expressed or implied by law in the relevant State title.
(3)  Pending the issue of a State title, the land brought under the provisions of this Act under this section shall be held subject to such exceptions, reservations, covenants and conditions expressed or implied by law in the State title executed in escrow by the grantee or lessee of the land.
(4)  Where any land has been brought under the provisions of this Act pursuant to any certificate issued by the Collector before 1st March 1994, the Collector shall upon the issue of the relevant State title deliver the full particulars of the State title to the Registrar who shall create a new edition of the relevant folio or make necessary alterations to the land-register to show the particulars of the State title and the boundaries and dimensions of the land and indicate whether the boundaries and dimensions are conclusive.
Surrender and reissue of title to land
9.
—(1)  Where the President agrees to accept the surrender of the title to land (whether registered or unregistered, and whether of the same or different tenure), for the reissue of one or more fresh State titles of one type of tenure, the President may accept the surrender of title to land, subject to all or any of the following:
(a)
any subsisting mortgage with the consent of the mortgagee, the Collector, and the Registrar of Deeds or the Registrar, as the case may be;
(b)
any subsisting statutory charge in favour of the Central Provident Fund Board or any caveat notified under this Act or registered under the Registration of Deeds Act (Cap. 269) with the consent of the Collector, and the Registrar of Deeds or the Registrar, as the case may be.
(2)  Upon the acceptance by the President under subsection (1), the surrender may be lodged with the Registry of Deeds or Land Titles Registry, as the case may be.
(3)  The fresh State title or titles in respect of the whole or part of the land surrendered may be issued by the President only when the Registrar of Deeds or the Registrar, as the case may be, has notified the Collector that the surrender has been finally registered.
(4)  Upon the creation of one or more folios for the land, the Registrar shall, where applicable, notify any subsisting mortgage, statutory charge or caveat referred to in subsection (1)(a) and (b), and cancel the previously existing folio or folios for the land.
(5)  Any subsisting mortgage, statutory charge or caveat referred to in subsection (4) and notified on one or more folios for the land comprised in the fresh State title or titles issued by the President shall be deemed to be registered or notified against the estate and interest of the proprietor of land in whose name such folio or folios are issued.
Restriction on registration or notification of assurance, instrument or caveat pending issue of fresh State title
12.  After the surrender of the title to land is lodged with the Registry of Deeds or the Land Titles Registry, as the case may be, under section 9, and pending the issuance of a fresh State title or titles by the President —
(a)
except for a discharge of a statutory charge in favour of the Central Provident Fund Board or a withdrawal of a subsisting caveat registered under the Registration of Deeds Act —
(i)
no assurance or caveat in respect of the unregistered land surrendered shall be capable of being registered under the provisions of that Act; and
(ii)
where such assurance or caveat has been registered, the Registrar of Deeds shall have the power to cancel the registration of such assurance or caveat and any entries relating thereto from the records kept by the Registry of Deeds; and
(b)
except for a discharge of a statutory charge in favour of the Central Provident Fund Board or an extension or withdrawal of a subsisting caveat notified under this Act —
(i)
no dealing or caveat in respect of the registered land surrendered shall be capable of being registered or notified under the provisions of this Act; and
(ii)
where such dealing or caveat has been registered or notified, the Registrar shall have the power to cancel the registration or notification of such dealing or caveat and any entries relating thereto from the records kept by the Land Titles Registry.
Collector to furnish Registrar with particulars of fresh State title
13.
—(1)  Where at the time of the lodgment of any surrender of the title to land under section 9, the land is subject to any subsisting mortgage, statutory charge or caveat, the fresh State title or titles to be issued by the President under section 9 shall be endorsed with a statement by the Collector that the fresh State title or titles are subject to such subsisting mortgage, statutory charge or caveat referred to in that section.
(2)  Upon the issue of the fresh State title by the President for the land surrendered under section 9, the Collector shall furnish to the Registrar such particulars of the fresh State title in such manner as may be required by the Registrar to enable the Registrar —
(a)
to bring the land under the provisions of this Act by creating one or more new folios for the land; and
(b)
to notify the subsisting mortgage, statutory charge or caveat on the relevant folio or folios and, where applicable, cancel the previously existing folio or folios for the land.
(3)  Section 27(5) and (6) shall apply, with the necessary modifications, to the mortgage, statutory charge or caveat notified on the relevant folio under subsection (2).
Power of Registrar of Deeds to refuse registration of assurances
14.  Where an assurance which requires the prior written consent of either the Collector or the Registrar or both of them, as the case may be, has been made without the endorsement of his or their written consent thereon —
(a)
the Registrar of Deeds shall not accept that assurance for registration or, in the case where that assurance has been registered under the provisions of the Registration of Deeds Act (Cap. 269), shall cancel the registration of that assurance and any entries relating thereto; and
(b)
the Collector shall disregard that assurance and may issue one or more fresh State titles as if that assurance had not been made.
Application of section 8
15.
—(1)  Section 8(2) and (3) shall apply to any land brought under the provisions of this Act pursuant to the issue of fresh State title after the surrender of an existing title.
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(2)  Section 8(4) shall apply to any land brought under the provisions of this Act pursuant to the surrender of an existing title and the issue of a certificate by the Collector before 1st March 1994.
Registrar to make an entry on folio as to conclusiveness of boundaries, etc.
16.
—(1)  Where any land alienated by the President is brought under the provisions of this Act and a folio has been created for the land, the Registrar shall —
(a)
where the boundaries and dimensions as shown in the plan filed with and approved by the Chief Surveyor are inconclusive, make an entry in the folio to show —
(i)
that the boundaries and dimensions are inconclusive; and
(ii)
the reference number of the plan; or
(b)
where in the plan filed with and approved by the Chief Surveyor the boundaries and dimensions have been approved as conclusive, make an entry in the folio of the reference number of the plan.
(2)  Where the Registrar has entered a caution on the folio created for the land as to the inconclusiveness of its boundaries and dimensions under subsection (1), he shall cancel that caution when the boundaries and dimensions shown in the plan filed with the Chief Surveyor have been approved as conclusive by the Chief Surveyor.
(3)  Upon the cancellation of the caution referred to in subsection (2), the Registrar shall make the appropriate entry on the folio as to the conclusiveness of the boundaries and dimensions.
Priority of interests protected by caveats, mortgages and statutory charges registered or notified on land-register
17.
—(1)  Where any land has been surrendered to the President under section 9, with subsisting mortgages, statutory charges and caveats registered or notified on the land-register, the priority of these mortgages, statutory charges and caveats shall be determined as follows:
(a)
the priority for caveats lodged under section 115 and notified in the land-register shall be determined in accordance with section 119; and
(b)
the priority for mortgages, statutory charges or caveats (including those registered under the Registration of Deeds Act and subsequently notified on the folio or folios when created) shall be determined in accordance with section 48.
(2)  Where any instrument (including a mortgage, statutory charge or caveat) was materially amended pending its final registration or notification in the land-register, as the case may be, section 48(2) shall apply, with the necessary modifications, to the determination of its priority in accordance with this section.
(3)  The respective priorities of mortgages, statutory charges and caveats as determined in subsection (1) shall apply only to those mortgages, statutory charges and caveats which were subsisting at the date of surrender and have not been discharged, withdrawn or cancelled at the date of the issue of fresh State title to the land or part thereof.
Collector may refuse to accept surrender of title to land for reissue of title
18.  The Collector may refuse to accept the surrender of any title to land for the reissue of title where he is satisfied that the proprietor or owner of the land intended for surrender has not complied with any existing law or the lawful requirements of any Government authority.
Division 2 — Applications and schemes to bring land under this Act
Bringing lands under this Act
19.
—(1)  Unregistered land of whatever tenure may be brought under the provisions of this Act upon any primary application or at the instance of the Registrar in accordance with this Division.
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(2)  The Registrar may bring unregistered land under the provisions of this Act by the creation of one or more folios for the land which shall be either qualified or unqualified as to title, and shall notify on the folio, in such manner as to preserve their priority, such particulars as the Registrar thinks fit of all subsisting mortgages or other encumbrances to which the land is subject at the time of bringing the land under the provisions of this Act.
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(3)  Any folio, qualified or unqualified as to title, created under this Division for any land may, if the circumstances so require, be qualified as to the boundaries and dimensions of the land, and section 165 shall apply with such modifications as are necessary to that land.
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Primary applications
20.
—(1)  A person entitled to bring unregistered land under the provisions of this Act may lodge a primary application with the Registrar to bring the land under this Act together with any deed, conveyance or instrument affecting the land.
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(2)  The following persons shall be entitled to have unregistered land brought under the provisions of this Act:
(a)
the person claiming to be the owner (either at law or in equity) or persons who collectively claim to be the owners (either at law or in equity) of the fee simple, an estate in perpetuity or leasehold estate; or
(b)
trustees for the sale of the fee simple, an estate in perpetuity or leasehold estate where the application to bring the land under the provisions of this Act has been consented to by a majority in number of persons required to give that consent.
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(3)  A primary application to bring land under the provisions of this Act shall —
(a)
be in the approved form; and
(b)
be accompanied by such documents of title or other evidence as the Registrar may require, including but not limited to a statutory declaration (in a form acceptable to the Registrar) executed by an applicant who is unable to produce any such documents of title or other evidence to substantiate his claim or from any person connected with the loss of those documents.
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(4)  Notwithstanding subsection (2), a mortgagor is not entitled to apply to bring land under the provisions of this Act unless the mortgagee consents to the primary application.
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(5)  Unless expressly prohibited by the terms of its memorandum of association, constitution, charter, limited liability partnership agreement or other constituting document, as the case may be, a corporation (whether sole or aggregate) or a limited liability partnership shall be deemed to have power to apply to the Registrar to bring land under the provisions of this Act.
(6)  Any primary application under subsection (5) may be made —
(a)
on behalf of a corporation (other than a limited liability partnership), by its director, manager or secretary; or
(b)
on behalf of a limited liability partnership, by its partner or manager, or an attorney appointed in that behalf by the limited liability partnership,
under its common seal in accordance with the memorandum of association, constitution, charter, limited liability partnership agreement or other constituting document, as the case may be.
(7)  The Registrar may refer any primary application to any legally qualified person for investigation of and report on the applicant’s title.
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(8)  On the creation of a folio for the land, the Registrar shall cancel —
(a)
all assurances lodged to support the primary application if the folio is unqualified as to title; or
(b)
in any other case, the last deed lodged with the Registry of Deeds prior to the creation of the folio.
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Unregistered land may be brought under this Act at instance of Registrar or on registration of conveyance
21.
—(1)  The Registrar may, if he thinks fit, bring under the provisions of this Act any unregistered land comprised in any conveyance registered under the Registration of Deeds Act (Cap. 269).
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(2)  If the Registrar intends to bring any unregistered land under the provisions of this Act in accordance with subsection (1), the Registrar shall —
(a)
give notice of his intention to do so to the owner of the land (as shown from the records in the Registry of Deeds); and
(b)
require the owner to produce for cancellation, within the time specified in the notice, his documents of title or any other evidence substantiating his ownership of the land.
[25/2001]
(3)  Where the owner of the land fails, neglects or refuses to comply with the notice under subsection (2), the Registrar shall insert a notice in one or more local daily newspapers circulating in Singapore stating the Registrar’s intention to bring the unregistered land under the provisions of this Act, including particulars of the owner of the land as shown from the records in the Registry of Deeds or such other particulars as the Registrar may in his discretion deem appropriate.
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(4)  After the Registrar has given notice under subsection (2) or (3), as the case may be, he shall bring the land specified in the notice under the provisions of this Act by creating one or more folios for that land.
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(5)  Where a person entitled to the unregistered land does not or is unable to produce the documents of title or any other evidence substantiating his claim, the Registrar may, in his discretion, issue a certificate of title to that person if a statutory declaration (in a form acceptable to the Registrar) has been executed by that person, his successor‑in‑title, his mortgagee or any person who has possession or control of the documents of title, and produced to the Registrar for his inspection and, if the Registrar so requires, retention.
(6)  On registering a conveyance in accordance with section 7(2) of the Registration of Deeds Act (Cap. 269), the Registrar of Deeds shall forward the conveyance to the Registrar who may, if he thinks fit, bring the land comprised in the conveyance under the provisions of this Act.
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(7)  The Registrar shall cancel the last deed pertaining to any land brought under the provisions of this Act in accordance with this section.
[25/2001]
Land may be brought under this Act upon subdivision
22.
—(1)  Where permission has been granted to develop or subdivide any unregistered land, the owner is not entitled to deal with the land or any part thereof whether under the Registration of Deeds Act or under this Act, unless the entire parcel is brought under the provisions of this Act in accordance with Division 1 or this Division.
(2)  Notwithstanding subsection (1), the Registrar of Deeds may register any assurance of the land or part thereof under the Registration of Deeds Act where the Registrar has issued to the owner a certificate exempting the land from the application of subsection (1).
(3)  Subject to subsection (4), subsection (2) shall not apply to unregistered land where permission for the subdivision of any building erected thereon was previously granted and an assurance of part of that subdivided building was registered under the Registration of Deeds Act before 15th May 1968.
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(4)  Where the whole of the estate in an unregistered land referred to in subsection (3) comprising the subdivided building has wholly become vested or subsequently vests in the same proprietor at any time on or after 15th May 1968, subsection (2) shall apply to that unregistered land.
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In whose name title to issue
23.
—(1)  A folio created under this Division shall be in the name of —
(a)
the person who in accordance with the documents lodged is entitled to be registered as the proprietor of the fee simple, estate in perpetuity or leasehold estate in land; or
(b)
the person who in accordance with the documents lodged is entitled to be registered as the proprietor of the equity of redemption if conversion is based on the delivery of a document which is a conveyance of the land by way of mortgage.
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(2)  If before a folio is created, the person who is entitled to be recorded as the registered proprietor on the folio dies, the folio may be created recording the deceased person as the registered proprietor as if the folio was created before the person died.
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Mortgages and leases
24.
—(1)  Where land has been brought under the provisions of this Act by the creation of a folio (whether qualified or unqualified as to title), any subsisting mortgage registered under the Registration of Deeds Act (Cap. 269) in respect of land comprised in the folio shall, when notified on the folio, be deemed to be a mortgage registered under the provisions of this Act and the provisions of this Act applicable to registered mortgages shall apply to that mortgage.
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(2)  Any second or subsequent conveyance by mortgage of the land in any such folio shall be deemed to be a second or subsequent mortgage registered under the provisions of this Act.
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(3)  Where a folio has been created under this Division for any land —
(a)
subject to paragraph (b), the Registration of Deeds Act (Cap. 269) shall cease to apply to the land;
(b)
the Registration of Deeds Act shall continue to apply to any document relating to any trust, probate and letters of administration and any settlement created under any instrument for that land which was subsisting immediately before the date on which the folio was created, not being a document purporting to convey, mortgage or discharge any estate or interest in the land comprised in the folio.
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(4)  Every folio created for any leasehold estate in land shall be subject to the rights and powers of the lessor or other proprietor of the reversion immediately expectant on the term.
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(5)  Where the Registrar is unable to determine when the term of any leasehold estate in any unregistered land commences, he shall, for the purposes of bringing the land under the provisions of this Act, be entitled to assume that the term of the lease commences on the date of the lease.
[25/2001]
Leases of flats erected on unregistered land
24A.
—(1)  Where there is a subsisting lease for a flat in a building erected on unregistered land and the lease for such a flat has been registered under the Registration of Deeds Act, the Registrar may issue a subsidiary certificate of title to the owner (as it appears from the records kept by the Registry of Deeds) of the flat without requiring the owner to produce the lease or any other documents of title in his possession for cancellation.
[25/2001]
(2)  If the Registrar intends to issue a subsidiary certificate of title in accordance with subsection (1), the Registrar shall —
(a)
insert a notice in one or more local daily newspapers circulating in Singapore stating the Registrar’s intention to issue the subsidiary certificate of title to the owner of the flat after the expiry of 21 days from the date of publication of the notice; and
(b)
send by registered post, a notice to the owner informing him of the Registrar’s decision to issue a subsidiary certificate of title for the flat.
[25/2001]
(3)  A subsidiary certificate of title issued under this section shall, where applicable, be endorsed with a notice —
(a)
stating that the area and plan reference of the flat are not stated as no survey has been carried out and approved by the Chief Surveyor; and
(b)
stating the owner’s share in the land on which the flat stands or the owner’s share in the land appurtenant to the flat which forms part of the development.
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(4)  Where the Registrar determines from the records in the Registry of Deeds that it was intended that the owner of the flat should —
(a)
own a share in the land on which the flat stands; or
(b)
own a share in the land appurtenant to the flat which forms part of the development,
the Registrar may, notwithstanding any earlier failure or omission to transfer the relevant share in land to the owner of the flat, endorse on the subsidiary certificate of title —
(i)
the share in land owned by the owner; or
(ii)
the share in land appurtenant to the flat,
as the case may be.
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(5)  A share in the land appurtenant to a flat comprised in a subsidiary certificate of title shall not be dealt with except as appurtenant to the flat and any dealing of that flat operates to deal with the share in the land.
(6)  Where the owner of the land has granted leases for some but not all of the flats in the building, he shall be deemed to be a proprietor of the flats which are still owned by him.
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(7)  Where the owners of the flats are also the owners of the land on which the flats stand or which form part of the development, the Registrar shall, except upon request, retain the certificate of title issued for the land.
(8)  For the purposes of this section —
(a)
it shall be deemed that the planning approval for subdivision of the building had been granted by the relevant authority;
(b)
in the event of a conflict between this section and the provisions of the Land Titles (Strata) Act (Cap. 158), this section shall prevail; and
(c)
“flat” shall have the meaning ascribed to it in section 3 of the Land Titles (Strata) Act.
[25/2001]
(9)  This section shall also apply with the necessary modifications where —
(a)
subsisting leases for flats are registered under the Registration of Deeds Act (Cap. 269) and the flats are in a building erected on registered land; and
(b)
the land is vested in the owners of the flats as tenants-in-common in their respective shares reflected in the land-register.
[25/2001]
Division 3 — Qualified titles and caveats
Cautions and lapsing of cautions
25.
—(1)  Upon the creation of a qualified folio, the Registrar shall enter thereon a caution warning persons dealing with the registered proprietor therein named that the land comprised therein is held subject to any interest which affected it at the date of the creation of that folio, and so long as the caution remains on that folio that land shall be so held.
(2)  A caution recorded on any qualified folio (whether created under this Act or the repealed Land Titles Act (Cap. 157, 1985 Ed.)) shall lapse in one of the following ways:
(a)
if, after the creation of the qualified folio, a purchaser for valuable consideration and without fraud becomes registered as proprietor of an estate or interest in the land comprised in the folio, the caution shall lapse as regards the estate or interest on the expiration of 5 years after the date of the last deed which was cancelled by the Registrar on the creation of the folio; or
(b)
if, immediately before the expiration of 10 years after the creation of the qualified folio, the caution affecting the folio has not lapsed as regards all estates and interests in the land comprised in the folio or has not been cancelled, the caution shall lapse —
(i)
on the expiration of that period; or
(ii)
on the expiration of 24 months after 20th August 2001*,
*  Date of commencement of section 8 of the Land Titles (Amendment) Act 2001 (Act 25 of 2001).
[25/2001]
whichever is the later.
(3)  A mortgagee or chargee shall not be regarded as a purchaser for the purposes of subsection (2).
(4)  When a caution lapses under subsection (2), the lapsed caution shall constitute a defunct entry and the Registrar shall, of his own motion, cause an entry to be made in respect of the lapsing of the caution.
(5)  Upon the lapsing of a caution under subsection (2), the folio shall cease to be qualified and the land comprised therein shall thenceforth be held subject only to such interests as are registered or notified on the folio and to such interests as are otherwise excepted by section 46.
(6)  Any person deprived of land by the operation of this section shall not by reason of that deprivation have any claim against the assurance fund.
Cancellation of cautions
26.
—(1)  Where the Registrar has entered a caution on a qualified folio under section 25, the proprietor of the land comprised in that folio may apply to the Registrar in the approved form together with any deed, conveyance or instrument affecting the land for the cancellation of the caution if he is able to —
(a)
deduce a title for a continuous period of not less than 12 years at the date of his application; and
(b)
satisfy the Registrar that there are no outstanding interests which are not notified on that folio.
[10/2003]
(2)  Upon proof to the satisfaction of the Registrar that subsection (1) has been complied with, the Registrar shall enter on the qualified folio a notification cancelling the caution.
(3)  For the purposes of section 155, the person upon whose application a caution is cancelled shall be deemed to be the person upon whose application the land was brought under this Act.
Prior encumbrances to be notified on folio
27.
—(1)  The Registrar shall enter on a folio a notification of any caveat or other subsisting encumbrance —
(a)
which is apparent to him from the records maintained at the Land Titles Registry (including the Caveat Index) at the time of the creation of that folio; and
(b)
which is subsequently brought to his attention as in this section provided.
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(2)  Any person claiming an interest in land which was subsisting at the date of the creation of a folio for that land other than an interest excepted by section 46 may, so long as the folio remains qualified as to title, protect that interest by lodging a caveat under section 115, and the Registrar shall enter a notification of such a caveat in that folio.
[25/2001]
(3)  The proprietor in whose name a folio has been created shall lodge with the Registrar a statement setting out particulars of any subsisting interest affecting the land therein comprised which is known to him and which is not already notified under subsection (1) other than an interest excepted by section 46.
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(3A)  Where any unregistered land has been brought under the provisions of this Act with one or more subsisting caveats for an estate or interest in the land lodged in accordance with the Registration of Deeds Act (Cap. 269), the Registrar may, on being satisfied that the caveat has not been withdrawn, cancelled or lapsed, enter a notification of such caveat in that folio as if the caveator had also lodged a caveat under section 115 and in the manner specified in section 115(2)(b) for the same estate or interest in the land when lodging the caveat under the Registration of Deeds Act.
[25/2001]
(4)  The proprietor named in a folio who —
(a)
has knowledge of an encumbrance or interest affecting the land comprised therein which is not notified on the relevant folio; and
(b)
disposes of or otherwise deals with or creates any interest in that land without having lodged a statement under subsection (3),
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both.
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(5)  An interest notified on the folio under this section is an interest within the meaning of section 46, but its notification shall not give the interest to which it relates any greater operation or effect than it has under the instrument creating it.
(6)  Any interest notified on the folio under this section shall not, by reason of any provision of this Act, lose any priority which that interest would otherwise have had.